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Barret v. Scaringe

65 N.Y. 946 Court N.Y. Decision date 1985-08-28 English

Contents

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In the Matter of H. Richard Barrett, Appellant, v George P. Scaringe et al., Constituting the Albany County Board of Elections, et al., Respondents. In the Matter of Fernando Ferrer et al., Appellants, v Orlando Velez et al., Constituting the Board of Elections of the City of New York, et al., Respondents. In the Matter of Dave Fromson, Appellant, v Sandra Lefever et al., Constituting the Rockland County Board of Elections, et al., Respondents. In the Matter of Carol A. Siwek, Appellant, v Edward J. Mahoney et al., Constituting the Board of Elections of the County of Erie, et al., Respondents.
Argued August 26, 1985;
decided August 28, 1985
p. 948
APPEARANCES OF COUNSEL
Lewis B. Oliver for H. Richard Barrett, appellant.
Paul A. Victor and Stanley Schlein for Fernando Ferrer and others, appellants.
Sanford S. Dranoff, Martin T. Johnson and Sheri Yodowitz for Dave Fromson, appellant.
Dennis E. Ward for Carol A. Siwek, appellant.
Frank V. Bifera for Nicholas Coluccio, respondent.
William J. Conhoy, II, and F. Patrick Jeffers for Albany County Board of Elections, respondent.
Miguel A. Santiago for Jose Gonzalez, respondent.
J. Martin Cornell for John J. Cain and others, respondents.
Eugene F. Pigott, Jr., County Attorney (John R. Drexelius, Jr., of counsel), for Erie County Board of Elections, respondent.
Michael L. Broderick for James D. Griffin, respondent.

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Divisions should be affirmed, without costs.

The common issue presented by these four appeals is whether the designating petition of a candidate, seeking party nomination for public office, should be invalidated on the ground that the petition cover sheet slightly understated the total number of

p. 949
signatures actually contained in the petition. This court, under circumstances closely analogous to those herein presented, has held an understatement of signatures to have constituted an inconsequential error which did not warrant invalidation of the designating petition. (Matter of Jonas v Black, 63 NY2d 685 , affg 104 AD2d 466 .) Accordingly, the petitions herein at issue satisfy the requirements of Election Law § 6-134 (2). (See, Matter of Garrett v Alter, 65 NY2d 529 .)

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.

In each case: Order affirmed, without costs, in a memorandum.

Cases cited

Statutes and regulations cited